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As part of Paris Arbitration Week 2025 , ESSEC Business School hosted a roundtable discussion on The Growing Influence of Criminal Law in International Arbitration. These are powerful tools, which must be balanced with practical and procedural considerations, such as cost, time, and due process concerns.
In our recent publication, Asymmetric Sovereign Risk: Implications for Climate Change Preparation , we explore how perceptions of climate risk influence sovereign spreads across countries with varying economic conditions. To learn more how the IDB works with governments to strengthen their fiscal balances visit our Fiscal Management page.
Three important variables worth highlighting are borrowing costs, primary balances, and exchange rates. The Effects of Inflation on Primary Balance The impact on the primary balance, which reflects the government’s ability to generate surpluses or reduce deficits, also differs between demand and supply shocks.
This paper considers the prevailing approaches taken across different jurisdictions and ultimately proposes an alternative approach for common law to strike a better balance among all competing interests. Increasingly, corporations and other non-State actors are parties to such disputes.
In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered to balance risk management and investment protection.
Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. This article critically analyses the extant conflict resolution mechanisms under the Africa Continental Free Trade Area (AfCFTA) Protocol, noting its strengths and weaknesses.
Planning Ahead Agencies must anticipate what constituents may need next week or year, and how services provided today will influence lives in 10 to 15 years, he said. Program areas that typically include generalist employees should anticipate when experts are needed, so there’s a way to balance staffing, for instance. “As
As an active participant in the IT and Cyber Security fields for the past twenty years, Michael is responsible for the effective implementation of the laboratory’s risk balanced cyber security and information protection programs, along with the strategic direction, management, and oversight of the central IT organization.
and Gabriella Palmieri (Italian Attorney General) highlighted the complex interaction between international, transnational and national law, and they agreed on the need to find a balance between environmental protection and economic competitiveness. of the Paris Agreement.
Panama’s decision to terminate a contract was influenced by the Claimants’ failure to provide the necessary operational expenses to support their change order requests. These actions were deemed significant, considering that Panama had granted multiple time extensions to complete the project.
Business decisions have been influenced by the theory of the Invisible Hand. Any model which is primarily profit-based from a Supply side needs to be effectively balanced by the Demand side. If you are reading this article, you are likely WEIRD. We all should take responsibility to act within our sphere of influence.
This partially contradicts, however, the provisions of the Brazilian Civil Code , which expressly states in Article 112 that in declarations of intent, more attention should be given to the intention embodied in them than to the literal meaning of the language. Therefore, it involves available rights that can naturally be arbitrable.
In the first case, the buyer is obligated to pay the minimum amount, whereas in the second case, the clause might be adapted pursuant to Articles 112 and 113 of the Brazilian Civil Code. He mentioned the FIDIC contracts and Article 7.1.6
The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration.
Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities. It’s a fine balance.
Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities. It’s a fine balance.
Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.
For instance, the IBA Report notes that the Morocco Model BIT prevents investors and investments from initiating dispute settlement under its provisions if they have not complied with anti-money laundering, bribery, corruption, and anti-terrorist standards outlined in Article 19 of the Model BIT (IBA Report, pp.
The panel however agreed that a good balance is to be found, first because not everything should be recorded, but also because a too strict or inefficient record management can lead to a considerable loss of time and productivity. Despite the LCIA’s default rule that the institution selects the tribunal members ( Article 5.6
SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. This article is submitted in a personal capacity. Gloria Lim , CEO of SIAC, and Ms.
The administration of the tax would require a single tax return (consolidated balance sheet of the mega MNE) to be filed with the tax authorities of the country where the ultimate parent company is domiciled, and the information would be shared with the other countries. billion a year.
This led AG Campos to conclude, on this issue, that … there are many reservations to raise as against the classification of the “collection of agreements” at issue as a genuine public works contract within the meaning of Article 2(1)(6) of Directive 2014/24.
Unfortunately, however, no matter how dreadful the influence peddling and raw pecuniary corruption might have been, it is not even the gravest of the English High Court’s revelations – nor is it the real answer to the $11 billion dollar question.
“The federal funds rate is the interest rate at which depository institutions trade federal funds (balances held at Federal Reserve Banks) with each other overnight.” [50] Seasonal adjustment removes the effects of recurring seasonal influences from many economic series, including consumer prices. 54] John H.
It was held that unilateral arbitrator appointments undermine this principle, tilting the balance in favour of the appointing party. In case of sole arbitrators, the appointing partys influence raises legitimate concerns of bias. This would be consistent with the principles of party autonomy and minimal judicial intervention.
This could strengthen personal or professional ties and influence the decision-making process. Disclosure Obligations under the DIS Arbitration Rules Article 9.1 ” According to Article 9.4 ” According to Article 9.4 This obligation applies throughout the ongoing arbitration proceedings (Article 9.6
Niamh Leinwather , discussed the media’s influence on arbitration. This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. The discussion of the panel was focused on the media’s influence on arbitration. The first panel, moderated by Ms.
This article reports on the second day of the JCAA Arbitration Days, held in hybrid format on 21 November 2024. JCAA aims to strike a balance between efficiency and quality by providing a reasonable amount of scrutiny performed by its secretariat. who attempted to shield assets from seizure, in a London-seated arbitration.
Each contracting state of the ICSID Convention may designate up to four individuals deemed to be of high moral character and recognized competence in the fields of law, commerce, industry or finance (Article 14 of the ICSID Convention ). The stipulated criteria are much broader than the ones suggested for the MIC.
To determine arbitrability, this article recommends that tribunals facing a challenge to arbitrability should apply both the lex arbitri (law governing arbitration) and the lex societatis (law governing the corporation). The article also recommends establishing a presumption of arbitrability for corporate disputes.
Since the signing of the ECT on 17 December 1994, the Government of the Portuguese Republic has served as the ECTs Depositary in line with Article 49 [(Depositary)] of the Treaty. To address this, an amendment to Article 49 of the ECT, adopted on 3 December 2024, designates the Secretariat as the successor Depositary.
The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. Significantly, FSS Blanket Purchase Agreements (BPAs), which leverage individual agency requirements, now account for over 53% of the dollar value of orders under the program.
The Working Group III, during its 47th and 48th sessions (succeeding the 43rd and 46th discussions), discussed the draft statute of the Advisory Centre, which, per articles 6 and 7 of the draft statute, has the mandate of capacity building and provision of legal support and advice with regard to an international investment dispute proceeding.
It also introduces two articles emphasizing the leadership of the Communist Party of China and adding an extra layer of administrative control, which depart from international convention and have raised concerns within certain quarters of the arbitration community.
Limited Jurisdiction of the SDC Finally, it is not yet clear what influence Art. The purpose of the provision is to strike a balance between the ISA’s interest in protecting its prerogative of assessment and the contractors’ interest in being subject to adequate legal protection. 187(d) of UNCLOS. 189 of UNCLOS.
Balancing in-house expertise and contractor support While contractors play a crucial role in government, it’s important to note that we often rely too much on them. Finally, mission leaders must be self-aware and recognize how their actions can influence contractor performance.
Under Article 25(1) of the SCC Rules, unless agreed upon by the parties, the Board shall decide the seat of arbitration. Each decision is tailored to the specific circumstances of the case, ensuring a balanced, competent, and diverse tribunal. Two languages to come soon are Uzbek, Romanian, and Portuguese.
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